Art. 297 of the Criminal Code: composition, punishment

In domestic criminal legislation there is an article imposing sanctions for contempt of court - art. 297 of the Criminal Code. The norm contains two elements of a crime. Let's consider them in the article.

Art. 297 part 1 of the Criminal Code of the Russian Federation

In the course of judicial proceedings, some persons may behave incorrectly. Any such behavior is considered contempt of court. If it is expressed in an insult to the participants in the process, the subject may be threatened:

1. A fine of up to 80 thousand rubles. Or the amount of income for six months.
2. Mandatory work, the duration of which is not more than 480 hours.
3. Arrest for 4 months.

Part 2 of Art. 297 of the Criminal Code

In this part of the norm the punishment is toughened. If a person has insulted a judge, a jury or other participant in the administration of justice, he faces:

1. The fine is up to 200 thousand rubles. Or making a profit for 1.5 years.
2. Mandatory work, duration is not more than 480 hours.
3. Up to six months of arrest.
4. Compulsory work up to 24 months.

Comments

The authority of the court is the main object of the crime. This body is considered an authority that guarantees a fair, objective and independent resolution of legal issues. The manifestation of disrespect for him may adversely affect the implementation of justice, create difficulties for the study of evidence. In addition, incorrect behavior of participants in production deprives the process of educational role. Mutilation of the authority of the authorities does not at all contribute to a proper perception of the adopted acts. In Art. закреплена ответственность за два вида неправомерного поведения – оскорбление лица, уполномоченного рассматривать дело, или участников разбирательства. 297 of the Criminal Code establishes responsibility for two types of misconduct - an insult to the person authorized to hear the case, or participants in the proceedings. In the second case, the dignity and honor of citizens are additional objects.

Insult

The definition of this concept is present in article 130. When applying Art. оскорбление следует трактовать в соответствии с положениями указанной нормы с учетом, что обязательным требованием для квалификации деяния является наличие неприличных высказываний или поведенческих актов. 297 of the Criminal Code of the Russian Federation, an insult should be interpreted in accordance with the provisions of this rule, bearing in mind that mandatory requirement for the qualification of an act is the presence of indecent statements or behavioral acts. As part of the second part of Art. специфика посягательства определяется кругом потерпевших. 297 of the Criminal Code of the Russian Federation specifies the nature of the assault determined by the circle of victims.

Explanations

Analyzing the content of article 1 of the FKZ "On the judicial system", we can conclude that as victims under part 2 of Art. 297 may be an official of any branch of all parts of the system, as well as arbitration assessors. The subjects in respect of whom the encroachment on part one is committed are the participants in the proceedings who perform the procedural tasks in the central stage of the proceedings. However, they do not carry out direct administration of justice.

Grounds

Specificity of the act, punishment for which fixes Art. 297 of the Criminal Code of the Russian Federation, is that the insult is a manifestation of disdainful attitude towards the authorities and officials. The presence of the composition can only be said if the violation harms the order in the meeting, indicates a disregard for the procedure of the proceedings and has a motivational connection with the proceedings. For example, a lawyer who calls a presiding judge a criminal can be recognized as guilty.

Nuances

If there is a motivational link between insults of persons who are direct participants in the administration of justice (judge, juror, etc.), the time, place of commission of the act will not be relevant in qualifying. Another approach is used when the parties are victims. If the insults took place outside the meeting, even within the courthouse, they do not form a composition.

The subjective part

Acts under Art. 297 of the Criminal Code of the Russian Federation, are recognized by the form of guilt as committed with direct intent. The subject understands that he encroaches on the dignity and honor of the participant in the process, realizes that his approach to communicating with a person in society is wrong, and offensive statements or actions are a manifestation of contempt for the power carrier and the functions that he realizes. At the same time, a citizen wishes to commit unlawful behavioral acts. Any sane person who has reached the age of 16 can be brought to responsibility. face. If a judge has allowed insulting statements, his behavior is qualified by Article 286, since it indicates a clear crime of the limits of authority granted to him. Acts provided for by the commented norm are considered crimes of small gravity.